Minneapolis Mill Co. v. Minneapolis & St. Louis Railway Co.
Supreme Court of Minnesota
Appeal by defendant, the Minneapolis & St. Louis Railway Company, from an order of the District Court of Hennepin County, Sea-grave Smith, J., made January 20, 1894, denying its motion for a new trial. The effect of the reversal of a case upon appeal is dependent upon the grounds upon which the reversal is based, as expressed in the opinion of the court. Jordan v. Humphrey, 32 Minn. 522; Roberts v. Corbin, 28 la. 355; Baird v. Chicago, R. I., Ac., Ry.
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Appeal by defendant, the Minneapolis & St. Louis Railway Company, from an order of the District Court of Hennepin County, Sea-grave Smith, J., made January 20, 1894, denying its motion for a new trial. The effect of the reversal of a case upon appeal is dependent upon the grounds upon which the reversal is based, as expressed in the opinion of the court. Jordan v. Humphrey, 32 Minn. 522; Roberts v. Corbin, 28 la. 355; Baird v. Chicago, R. I., Ac., Ry. Co., 61 la. 359. Where a finding of fact is permitted to stand it remains undisturbed by a simple reversal, and judgment may he entered thereon…
1Opinion of the CourtBuck, J.
This action has been in this court twice before. 46 Minn. 330, (48 N. W. 1132;) 51 Minn. 304, (53 N. W. 639.) When it was here the last time, the case was reversed upon one of the questions involved in this action, but upon another point the court used this language: “Upon the question as to what land was conveyed by plaintiff to defendant by the deed of September 20, 1873, which depended upon the location at that date of defendant’s original track, which was made the center line of the strip conveyed, all we deem necessary to say is that the evidence fully justified the finding of the trial…
2Cases cited2 opinions
- Minneapolis Mill Co. v. Minneapolis & St. Louis Ry. Co.Supreme Court of Minnesota · 1892
- Minneapolis Mill Co. v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1891
3Cited by4 opinions
- Burnham v. North Chicago St. Ry. Co.Court of Appeals for the Seventh Circuit · 1898
- Seevers v. Cleveland Coal Co.Supreme Court of Iowa · 1914
- O'Rourke v. O'RourkeSupreme Court of Minnesota · 1916
- Wall v. FockeHawaii Supreme Court · 1914